Legal Opinion

Sicherman v. Cohara (In Re Cohara)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided April 5, 2005No. 04-8051PublishedCited by 17 opinions

1Opinion of the Court

OPINION

AUG, Chief Judge.

Marvin A. Sicherman, Chapter 7 Trustee, appeals the bankruptcy court’s order granting the Debtor, Josephine Cohara’s, motion to voluntarily dismiss her chapter 7 case pursuant to 11 U.S.C. § 707(a).

I.ISSUES ON APPEAL

Whether the bankruptcy court abused its discretion in finding that the Debtor met her burden to establish that cause existed under § 707(a) to grant the Debt- or’s motion to dismiss her chapter 7 petition.

II.JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel (“BAP”) of the Sixth Circuit has jurisdiction to decide this appeal. The United…

2Cases cited16 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. Gerard P. Fleischut, Regional Director for the 26th Region of the National Labor Relations Board v. Nixon Detroit Diesel, Inc.Court of Appeals for the Sixth Circuit · 1988
  3. In the Matter of Atlas Supply Corporation, Debtor. Gail Lee Peterson v. Atlas Supply CorporationCourt of Appeals for the Fifth Circuit · 1988
  4. Turpen v. Eide (In Re Turpen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  5. Nielsen v. DLC Investment, Inc. (In Re Nielsen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  2. In Re CochenerUnited States Bankruptcy Court, S.D. Texas · 2007
  3. JDC MANAGEMENT, LLC v. ReichDistrict Court, W.D. Michigan · 2009
  4. In Re JabarinUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  5. In Re HopperUnited States Bankruptcy Court, N.D. Illinois · 2009

12 more not listed; retrieve them via the Exa API.

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